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Home My WebLink About10-7796Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. NICHOLAS W COLLETTE 324 4th Street Apt A New Cumberland PA 170702220 Defendant F~~.~E~D-7OFF~CE ~,. ~•.~i'~~~~~r7?~~ ~1.~~~~v ~ .' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C~ ~ 7r~ l NO. /U ~ 77~~0 CIVIL ACTION -LAW Complaint -Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIiING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-43929 ~G! ~ ~ ~a X10 ~~ ,~l~~r C~~t ogi~o~ ~~ asp c~3 ~r Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. NICHOLAS W COLLETTE 324 4th Street Apt A New Cumberland PA 170702220 Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ ~ ~ ~~ ~ ~ ~ :v~ CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Nicholas W Collette, who resides at 324 4th Street Apt A, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) SEARS CARD credit card with account number ending in 1711 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $2,052.09 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $2,052.09, and the costs of this action. Burton 1`~~~~ Associates, P.C. By: Der lasker, Esquire Attorney f Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. . Sears Premier Card® call us at 1-800-9,7-7700 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 NICHOLAS W COLLETTE Account Number: X1711 Pa meM Due Date Page 1 of 2 08!0412010 Summa of Account Activi Previous Balance $1,962.33 Payments $0.00 Other Credits $0.00 Purchases $0.00 Fees Charged + 539.00 Interest Cha + 550.76 New Balance $2,052.09 Past Due Amount $374.56 Credit Limit $1,800.00 Available Credit $0.00 Amount Over Credit Limit $252.09 Statement Cbsing Date 07/08/2010 Days in Billing Cycle 31 Transactions Trans Date Post Date Fees 07/04/10 07/04/10 Interest Charged 07/08/10 07/08/10 a~ payments must resew y at Pa ment Information the address for payments by the payment due date New Balance $2,052.09 Minimum Payment Due $485.32 Payment Due Date 08/04/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $39.00. Minimum Payment Waming: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the Artd you will charges using this card balance shown on this ertd up paying an and each month you pay... statement in about... estimated total of... Only the minimum payment 17 years $5,357 $87 3 years $3,136 (Savings= $2, 221) If you would like information about credit counseling services, call 1-877-337-8188 Amount LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charge on Purchases 50.76 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 50.76 2010 Totals Year-to-Date Total Fees Cha ed in 2010 $156.00 Total Interest Charged in 2010 $320.95 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $1,962.33, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. C~~~`1~~ NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears Premier Card® Account Number: ~ 1711 Payment Minimum New Balance Due Date Payment Dus Amount Enclosed $2,052.09 08/04/10 $485.32 0052432 EX 03 B 10189 1 TRS006 FXG 001 7 N ~~ ~~ ~~ T~ IIIIrlilllll~lrr~~llll~'llll'II'il~l~'I'Ill'~I1~'~III'~'~I~111i1i Makecheckpayableto NICHOLAS W COLLETTE SEARS CREDIT CARDS 620 WILLOW ST APT J PO BOX 183081 HIGHSPIRE PA 17034-1632 COLUMBUS, OH 43218-3081 Il~~ll~t~hr~~lll"~~"'ll~lll~~ll~~~l~t~llhlll~l"~~~'~II~~~II~ Please make address changes on reverse side. 200 0205209 0048532 0000000 0315 .~ lalernafien Abert Yer Atewat. lbw b AwiN r+Vb1 bterert w rrrrdrases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest an purchases if yap pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion, that balance is excluded, except far a deferred interest balance in a billing cycle in which the promotion expires before the payment due date, (the "excluded promotional balances")from the amount you must pay in full to get a grace period except for any separately required payment on that balance. In billing cycles in which paymentr are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account However, you will continue to get a grace period on purchases sa long as you pay the New Balance less airy excluded promotional balances in full by the payment due date each billing cycle. • While you do not have to pay the amount in question, you are responsible for the remainder at your baWnce. • rye tan apply any unpaid amount against your credit limit. Yor~lyltT k Yba An DbatisNed 1NIIh Yoar CreNt Carl ktpws If you are dissatisfied with the goads or services that you have purchased with your «edit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right all of the following must he true: 1. The purchase must have been made in your home state or within 100 miles of your curcent mailing address, and the purchase price must have been more than $50. INeb: Neither of these are necessary if your purchase xas based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card far the purchase. Purchases made with cash advances from an ATM or wish a check that accesses Your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. In addition, certain promotional offers maY take away the grace period on purchases. If all of the criteria above are met and you are stilt dissatisfied with the purchase, Other promotional olers not described above may also allow you to have a grace period contact us In writine at the address shown on the front where it says "tYrite to us at:' on purchases without having to pay all or a portion of the promotional balance by the While we investigate, the same rules apply to the disputed amount as discussed above. payment due date. If either is the case, the promotional offer will describe what happens. After we finish our investigation, we will tell you our decision. At that point, if we think lbw Ne Cakdate 111aar NManee Swyett b letrrwst Nab. We use a daily balance you owe an amount and you do not pay we may report you as delinquent. method (including current transactiansi to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the "Call us at" number on the front latereft Ctragel. The Interest Charged an Purchases shown on the front Includes the interest Charged on ail purchases and balance transfers (if balance transfers are available on your account). TnaaaeNaa Date. The Transaction Date shown an the statement is also the Sale Date. klealtentl~ t1N. To avoid paying this fee, notify us that you are closing your attount within 30 days of the mailing or delivery date of the statement on whkh the fee is billed. II Yerr Atcenrt h SriMet Te TM haMtr AMI• lbw fay IYNI Tie PwaleY AM AMIr1 The Penalty 0.PR will apply until you make 12 consecutive minimum payments on time and do not go over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period. The Penalty APA may end sooner in accareance with your card agreement, or if required by applicable law. CnNt Repartty Nlyhta. If you think we reported inaccurate information to a credit bureau write us at "Write to us at"address shown on the front. Rapert a tat er Stalew Cent bwaefetetr. Cab the "Call us at" number shown on the front. whet Ta M N Yw Thbh Yet FhM a I/afaha w Year sbteraeM If you think there is an error on your statement, write to us at the address shown on the front where i[ says "'8rite to us at" In your letter, give us the following information: • Account information: Your name and account number. • Dolor amount: The dollar amount of the suspected error. • Description of Problem: Ii you think there is an ercor on your bill, describe what you believe is wrong and why you believe i't is a mistake. You must contad us within b0 days after the error appeared on your statement. You must notify us of any potential errors jp writing. You may call us, but if you da we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent an that amount. • the charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, i(we determine that we made a mistake, you will not have to pay the amount in question ar any interest or other fees related to that amount. Inrltarfaat Parwl IaaVYeNelu. Crertiy IhAwts II we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be Credited as of that day. A payment received therein proper farm after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address The correct address for regular mail is the address nn the front of the payment coupon. A payment made instore is not sent to the correct address. The correct address for courier or express mail is the Express Payments Address stiawn below. h'NK Forn. For a payment sent by mail or courier to be in proper form, you must: • tueNxe a valid chedr a money order. No cash, gift cards, or foreign currency please. • IaelaN your name a~ account number an the front of your check or money order. IF rw wa1 w aN~IWe sheet wNh tlrb argea, rw aattarbe wa b awe tw•' ipar•e•t tr aleetrealc wN. M w ro. Me elretYq aeaearrt wIN w re6lbd b the anwat w fie eheek tre nor ds fhb » aw as tM oar we ncalw tte e1Net. Ala, f7N CYeCIt rIM N raatrelaL Ce~r Fiw We charge $3 far each copy of a billing statement that dates back 3 months or nrore. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. NarraeM firtle.a tnher The. NgWer waN. • r3rrbe NarraeaFS. Uisit www.SearsCard.comond sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request t0 make do Online payment otter that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • by hr fMIMe $efYIG. Ybu may use this service any time to make a payment by phone. Yau will be charged $14.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your dentHY • Eryrese hpwrts. Yau can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form al the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. SMC/TGIJSCC/SCPIHIPs 3/10 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: 01~~,os~- t-o~iozito ~V Sears Premier Card® Call us at 1-800-917-7700 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 8283 Sioux Falls, SD 57117-6283 NICHOLAS W COLLETTE Account Number: XXXX XXXX XXXX 1711 Pa meet Due Date Page 2 of 2 szasz 08/04/2010 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Ch a Calculation Your Annual Percents Rate APR is the annual interest rate on your account. Annual Pen:entage Balance SubJect to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES 29.99% (d) $1,993.00 $s0.76 CASH ADVANCES 29.99% (d) $0.00 $0.00 (v) =Variable Rate (d) =Daily (m) =Monthly Your past due amount may be a number. But you`re definitely not. You're our Customer. We value our relationship with you. Let us help you take care of your past due amount so you can avoid future late fees. We'll look at your account on an individual basis and work with you to come up with a payment solution for your unique situation. Call us and you'll find someone who's ready to listen and who can help you get back on your feet. Call today to see what payment options may be available to you 1-866-518-9054 i~ Verification I, ~~ ~~ ~ , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Signature C-43929 Nicholas W Collette Account number ending in 1711 1031 SHERIFF'S OFFICE OF CUMBERLAND COU Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PLPE -C1! FICE I ?n I JAN -3 AM 9: 29 ' J 3 fi? R LA 114111 cpIuIn Y Citibank (South Dakota) N.A. VS. Nicholas W. Collette SHERIFF'S RETURN OF SERVICE 12/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he ade a diligent search and inquiry for the within named defendant to wit: Nicholas W. Collette, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Nicholas W. Collette. Request for service at 324 4th Street, Apartment A, New Cumberland, Pennsylvania 17070 the defendant was not found. The New Cumberland Postmaster has confi ed, Nicholas W. Collette's new address is 20 Hanover Street, Dillsburg, Pennsylvania 17019. SHERIFF COST: $48.30 December 28, 2010 Case Number 2010-7796 SO ANSWERS, R ANC =RSON, SHERIFF o rcuntySuiteSrerrf.Ieonsutt.In; FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 31 PM 3: 11 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. NICHOLAS W COLLETTE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7796-CIVIL CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action mahout prejudice. & Associates, P.C. By: D?rN L*\?lasker, Esquire Attorney fo Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-43929